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Criminalisation of same-sex sexual activity in Sri Lanka breached rights of a LGBTI activist, UN women’s rights committee says
GENEVA – Sri Lanka violated the rights of a lesbian and leading LGBTI activist who was subjected to discrimination, threats and abuses due to the country’s Penal Code that criminalises same-sex sexual activity, the UN Committee on the Elimination of Discrimination against Women (CEDAW) has found.
In its decision published yesterday, CEDAW found that Sri Lanka has breached the rights of Rosanna Flamer-Caldera, the founder and Executive Director of Equal Ground, an organisation defending the rights of the lesbian, gay, bisexual, transgender and intersex community in Sri Lanka.
Flamer-Caldera has been supporting lesbian and bisexual women in defending their rights after discovering in 1997 that the country’s Penal Code, which criminalises same-sex sexual activity, had been amended to include also sexual conduct between women. Since then, Flamer-Caldera has suffered high-profile attacks on her character, and she and her organisation have been subjected to discrimination, harassment, stigmatization and threats of violence by State officials and members of the public, including the press and social media.
In 2012 and 2013, the Women and Children’s Bureau of the Sri Lanka Police used Flamer-Caldera’s photo and her position with Equal Ground in presentations to assert that the rise of child abuse was mainly due to the “growing homosexual culture”. They claimed that she and her organisation were responsible for “spreading” homosexuality, implying that they were also responsible for “spreading” paedophilia.
Despite facing harassment and stigmatization, Flamer-Caldera did not complain to the police as she was worried she would be arrested. As a result of the amended Penal Code, she has been under constant risk of arrest, detention and investigation of her private life and has had to modify her behaviour.
Flamer-Caldera brought her case to the Committee and claimed that the criminalisation of female same-sex sexual activity and the concomitant potential for arrest and prosecution amount to discrimination on the grounds of gender and sexual orientation, violating her right to non-discrimination.
“Ms. Flamer-Caldera has been frequently threatened and harassed by the police, the media and the public, but she has been unable to report these abuses out of fear of being arrested,” said Committee member Hiroko Akizuki.
“The criminalisation of same-sex sexual activity has meant that the discrimination, violence and harassment on the lesbian, gay, bisexual, transgender and intersex community in Sri Lanka will continue with impunity,” she added.
CEDAW found that the Sri Lankan authorities have subjected Flamer-Caldera to gender-based discrimination and violence.
It found that the Sri Lankan authorities had not taken any legal or other measures to respect and protect Flamer-Caldera’s right to a life free from gender-based violence or to eliminate the prejudices to which she has been exposed as a woman, lesbian and activist.
It also found that the authorities have breached her right to access to justice to complain of the abuses and her right to non-discrimination concerning her family relations.
The Committee urged Sri Lanka to decriminalise same-sex sexual conduct. It also requested that the State take immediate and effective action to stop the threats, harassment and abuse, which Flamer-Caldera has been subjected to, and to take criminal procedures to hold those responsible to account. – ohchr.org
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Supreme Court Justice Murdu Fernando takes oath as Sri Lanka’s 48th Chief Justice
Supreme Court Justice Murdu Nirupa Bidushinie Fernando was officially sworn in as the Chief Justice of Sri Lanka before President Anura Kumara Dissanayake today (02) at the Presidential Secretariat.
She assumes office as the 48th Chief Justice of Sri Lanka, succeeding Chief Justice Jayantha Jayasuriya, who recently retired. Her appointment received approval from the Constitutional Council.
She began her career at the Attorney General’s Department in 1985, rising through its ranks to become Deputy Solicitor General in 1997 and Additional Solicitor General in 2014. With over three decades of service as a State Counsel, she was appointed to the Supreme Court in March 2018.
As the most Senior Supreme Court Justice prior to her appointment, she has played a significant role in shaping Sri Lanka’s legal landscape. She also served as Senior Additional Solicitor General at the Attorney General’s Department, demonstrating a distinguished career in public service.
Murdu Fernando earned her Bachelor of Laws degree from the Faculty of Law, University of Colombo.
The event was attended by Secretary to the President, Dr. Nandika Sanath Kumanayake.
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SJB questions NPP over MPs’ perks and privileges
…flays govt. for diverting members’ salaries to a special account
by Shamindra Ferdinando
Having repeatedly accused previous governments of showering perks and privileges on lawmakers, the newly elected NPP government is continuing with the practice, says SJB MP Ajith P. Perera.
Kalutara District SJB leader Perera has challenged the NPP to reveal any perk or privilege that their parliamentary group had decided to forgo in keeping with the pledges they made during the presidential and parliamentary elections. Perera said so in response to The Island queries regarding the ongoing exchange between the NPP and the main Opposition SJB over perks and privileges enjoyed by members.
Referring to a statement Secretary General of Parliament Kushani Rohanadeera made during a recent press briefing held in parliament, Perera pointed out that the NPP leaders had harped on waste of state funds on maintaining lawmakers. But the Secretary General categorically had declared that none of the MPs’ perks and privileges had been done away with, Perera said.
A vast majority of those who voted for the NPP at presidential and parliamentary elections had expected the NPP MPs to serve on a voluntary basis and refuse heavily subsidised meals provided in parliament, etc., the Kalutara District MP said.
The NPP won 159 seats, including 18 National List slots whereas the SJB managed to secure only 40; it had 54 seats in the previous Parliament.
Recalling that the JVP used to claim that salaries of its MPs had been directed to one account and allocations made thereafter depending on members’ requirements, Perera asked whether the ruling party with 2/3 majority in parliament could do the same.
Responding to another query, Perera said that the practice adopted by the NPP meant that public funds were to be transferred to an account maintained by a political party. The party would be receiving quite a large amount of money as the monthly take home salary of an MP was approximately Rs 300,000 though the basic salary remained Rs. 54,285.
MP Perera said that NPP’s promise to do away with what it called a privileged class of politicians had boomeranged on the ruling party. “People have already realised that the NPP never meant to implement what it promised,” MP Perera said.
Those who questioned the maintenance of the MPs’ housing scheme at Madiwela should know that the NPP MPs would use them, MP Perera said.
The NPP had the public believe that their MPs would not occupy the Madiwela houses, Perera said.
Out the 108 Madiwela housing units, 80 have been allocated to NPP MPs and 28 to Opposition members. MP Perera said that he was not aware of the exact allocation but knew that houses had been allocated to the NPP MPs.
MPs living 40 km away from parliament are entitled to the Madiwela houses. Although the Madiwela complex consists of 115 units, 0nly 108 are available for the MPs as seven of them have been allocated to the police, fire brigade and other services providers.
Perera said that the forthcoming Local Government election would provide an opportunity to the electorate to express their dissatisfaction at the NPP’s broken promises. He said that the reduction of Octane 92 petrol by Rs 2 a litre in the recent price revision had exposed the duplicity of the ruling party again. The NPP had also failed to grant electricity consumers the promised relief, he said.
Our efforts to contact JVP General Secretary Tilvin Silva, NPP General Secretary Dr. Nihal Abeysinghe, MP, and Cabinet spokesman and media minister Dr. Nalinda Jayatissa for comment failed as they did not answer their phones.
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AKD gladdens Ranil’s heart
By Chatura Pamunuwa
Former President Ranil Wickremesinghe commended President Anura Kumara Dissanayake, on Saturday, for continuing with the IMF programme, initiated under the former’s watch as the President. He said it was a critical step for Sri Lanka’s economic recovery.
Wickremesinghe said so at the inauguration of the Amari Colombo Hotel, the first-ever five-star international hotel owned by a Lankan entrepreneur in Colombo.The hotel, part of the Amari Hotel chain, is owned by W. Winil, head of the Winil Group of Companies. The event marked a milestone in the local hospitality industry, with the establishment of a world-class facility under Sri Lankan ownership.
Speaking at the event, Wickremesinghe stressed the importance of utilising the country’s existing capacity as a foundation for economic revival.
” I express my appreciation for President Anura Dissanayake and the government for adhering to the framework agreed upon with the IMF. We cannot deviate from it. Once we maximize our existing capacity, we can then explore new paths for development,” he said.
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